Paying New Jersey Child Support

October 01, 2015
By
Edward R. Weinstein

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Paying New Jersey child support can be difficult to figure out alone, which
is why you should contact a lawyer. If you are currently in the process
of figuring out a child support arrangement, contact a skilled
New Jersey child support attorney that can help.

Duration of Child Support Obligation

New Jersey has codified a new law that changes how long a parent is to
pay for child support. Previously, if there was an agreement, it lasted
up until when that agreement ended, after college, or if they entered
the military.

The more current legislation states, that if a child is younger than the
age of 19, the child support obligation will terminate without an order
from the court on the date the child either marries, dies or enters the
military unless it is specifically noted in an agreement or an order that
specifically modifies that law.

If the child is older than 19, a parent or child who is receiving that
money may seek the continuation of child support if the child is still
enrolled in high school or in another secondary program.

If the child is participating full-time in a post secondary education program
if the child has a physical or mental disability that existed prior to
the child reaching the age of 19 and requires continued support or other
exceptional circumstances as may be approved by the court.

These exceptional circumstances may be approved by the court, although
they have not been truly defined.

Recently Acquired Income Deficiency Syndrome

Recently Acquired Income Deficiency Syndrome is when a party is attempting
to avoid or decrease their child support obligation by claiming that they
make less money than they made in the past, e.g., either when the family
was intact or when the parties were together.

When a family law attorney uses the Guidelines to determine the child support
obligation, the last three pay stubs, the most recent pay stubs or previous
W2 form, or financials from the family business will be used. The court
also reviews the Case Information Statement.

By reviewing all these financial documents, they are able to determine
a person’s average income. If they are trying to use Recently Acquired
Income Deficiency Syndrome, they are doing what is called divorce planning
in an attempt to show they make less money than they actually do.

How an Attorney Can Help

A family law attorney will know what the court will look at in regards
to financial documentation, and will ensure that the court and the judge
will take documentation into consideration. If somebody is trying to say
that they make less money that they actually do, a family law attorney
can help by getting a forensic accountant to discover inaccuracies of
financials or provide documentation to the court through a motion to detail
those issues.

Support Modifications and Obligations

Paying New Jersey child support does not entitle the non-custodial parent
to specific rights. The payor is making sure that the child or children
are being taken care of financially. The payor is not guaranteed any parenting
time or visitation.

The Supreme Court in New Jersey actually decided a case in 1980 called
Lepis v. Lepis. In that decision, it was determined that there must be
a change in circumstances that are permanent, substantial and anticipated.
A prima facie case showing a change in circumstance is necessary to get
a modification of child support.

When it comes to paying New Jersey child support, support obligations for
a step-parent are fact specific. If the step-parent, who is now married
to the custodial or non-custodial parent has a child of their own (not
with that custodial or non-custodial parent), the court will take their
other children into consideration, giving credit for the financial situation
of that step-parent when establishing their Guideline. Child support obligations
for adoptive parents would be the same as they would be for biological parents.

Finding a Lawyer

The topic of paying New Jersey child support can be complicated. Finding
an attorney who focuses on the practice of family law is going to be key,
because a general practitioner is not going to know the nuances of child
support like a family law attorney. An experienced lawyer will know the
case law regarding child support modifications. It is also important to
work with someone who knows what is and is not included in child support.
If you need help with your child support case, contact a New Jersey child
support lawyer today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.